SHARE
COPY LINK
For members

IMMIGRATION

Swedish government announces new plans to limit family reunification permits

The government has launched an inquiry to further tighten family reunification permits, which would make it harder for family members to join both residence permit holders and Swedish citizens in Sweden.

Swedish government announces new plans to limit family reunification permits
Sweden Democrat migration spokesperson Ludvig Aspling and Migration Minister Maria Malmer Stenergard at a press conference announcing plans to tighten up family reunification permits. Photo: Mikaela Landeström/TT

Rules for some immigrants on family reunification permits, often referred to as ‘sambo’ permits, were already tightened up last autumn, with those changes primarily affecting under-21s and bringing stricter maintenance requirements for refugees. 

A new inquiry has been launched in order to further tighten immigration rules for those wishing to join family members in Sweden, with Migration Minister Maria Malmer Stenergard telling a press conference that it will affect “all types of family reunification permit where the applicant is applying to join someone with a residence permit in Sweden.”

“This could, for example, be people with a residence permit due to a need for protection, work, or studies,” she added.

The inquiry will also look into tightening the rules for people applying to join Swedish citizens.

“For this group, however, the rules for family reunification must not be worse than those for so-called ‘third country’ citizens,” she said. “For example, there should not be a stricter maintenance requirement for Swedish citizens than for third country citizens.”

Third country citizens refers to non-Nordic, non-EU citizens.

In the government and the Sweden Democrats’ coalition document, the Tidö agreement, the parties pledged to limit the rules for family reunification permits to the lowest possible level under EU law.

“The government wants to significantly reduce the number of asylum seekers coming to Sweden, as well as the number of approved residence permits,” Sweden Democrat migration spokesperson Ludvig Aspling added. “This is one part of that.”

“The possibility of family reunification is a factor that can affect an individual’s choice of where to apply for asylum, and it is therefore important that it is the rules for family reunification for people who seek asylum in Sweden and who are granted residence permits are not more generous in Sweden than EU law, or the law of other international treaties which Sweden is party to, dictates.”

The inquiry will look into limiting which family members can join asylum seekers in Sweden – this currently varies depending on the type of permit the person in Sweden holds.

It will also assess whether the current maintenance requirement should be further tightened, or introduced for certain permits where it is not currently required, for example for people who are legally defined as long-term residents of another EU country (varaktigt bosatt in Swedish), who want to reunite with another family member in Sweden.

“This maintenance requirement is designed, most of all, to encourage integration,” Aspling said. “It has been assessed as being able to motivate the person in Sweden to find work, become self-sufficient and find their own home for themselves and their family.”

In addition to this, it will look into the possibility for introducing a requirement for applicants to take out full coverage health insurance in order to qualify for a permit. This is already in place for some immigrants, for example those on student permits, but not for family reunification permits.

It will also assess whether DNA analysis should be used “to a greater extent”, for example in order to prove that family members are actually related. The Migration Agency is currently allowed to offer applicants DNA analysis if they need to prove a familial bond.

“We don’t know to what extent this is used today, so we need to investigate that,” Malmer Stenergard said.

“This could, for example, be used to protect children from being forced to join someone who they are not, in fact, related to,” Aspling said.

The inquiry will also assess whether it should be made possible for applications for family reunification permits to be denied for people who have committed a crime against a family member and been deported from Sweden, who then apply to join the same family member in Sweden.

The results of the inquiry will be presented no later than August 25th 2025.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

WORK PERMITS

EXPLAINED: How a ‘request to conclude’ can speed up Swedish Migration Agency decisions

If you've been waiting six months or more for a ruling from a Swedish agency you can according to law submit a "request to conclude", forcing the agency to take a decision. Is this worth doing in work permit, residency permit and citizenship cases?

EXPLAINED: How a 'request to conclude' can speed up Swedish Migration Agency decisions

What is a ‘request to conclude’? 

According to Sweden’s Administrative Procedure Act, which came into force in 2018, if an application you have made has not been decided “in the first instance” within six months at the latest, you can request in writing that the agency decide the case, using a process called a dröjsmålstalan, or “request for a case to be expedited”. 

The agency then has four weeks to either take a decision or reject the request to conclude in a separate decision. You can then appeal this rejection to the relevant court or administrative authority. 

You can only use the request to conclude mechanism once in each case. 

READ ALSO: Sweden’s government snubs Migration Agency request for six-month rule exemption

How do you apply for a ‘request to conclude’ a Migration Agency case? 

It’s very easy to fill in the form on the Migration Agency website, which only asks you to give your personal details, say whether your case concerns a work permit, residency permit, right of residency case, or ‘other’, and list any other people applying along with you. You then send the application by post to the Migration Agency address on the form. 

Does it work? 

A lot of people do seem to have success using the mechanism. The Migration Agency in section 9.1 of its annual report says that it is forced to to prioritise those who do this trick after a six month wait ahead of those who have spent longer in the queue. This is particularly the case for the ‘easy’ applications. 

More or less everyone, though, has their initial request to conclude refused, seemingly automatically without the request ever being seen by a case officer. 

Most them are then successful when they then appeal this refusal to the Migration court, with the Migration Agency stating on page 91 of its annual report that it lost 96 percent of such cases in 2021, 80 percent of such cases in 2022 and 77 percent of such cases in 2023.

As the Administrative Procedure Act states clearly that a decision should come within six months, the Migration Agency has in most cases a weak legal position.  

Once your request is rejected you only a short time to appeal, so it is important to act quickly, even if the agency fails to inform you that your request has been rejected. It you have heard nothing and the four weeks are up, it’s important to chase your request so you can appeal before the deadline expires. 

Even those who are rejected and don’t appeal sometimes get results, finding they are asked to submit their passport shortly afterwards. 

However, this is not always the case, so it is essential to go ahead with the appeal anyway, even if your passport is requested. 

What do people say? 

The mechanism appears to be particularly popular among British people, with one member of the Brits in Sweden Facebook page saying that “pretty much everyone has used it”, but it is also used by other groups, such as Indians in Sweden. 

One British woman said she had been informed about the rule by her case officer, and, although she was worried it might make a negative decision more likely, is glad she did so. 

“I used it as it was offered and I didn’t want to wait any longer. I thought there was nothing to lose and it didn’t cost anything, only a bit of time!” she said. 

She had her request for decision accepted, with the officer in four weeks getting back to her requesting that she send in two more forms, one documenting her relationship with an EU citizen, and another on her ability to support herself and pay for her accomodation

“It’s a shame they didn’t advertise it more widely and I didn’t hear about it before. as I could have got a decision earlier on my residency application and then could have applied for permanent residency much sooner,” she said. 

Another British woman said that she had decided to send in a request for a decision after she had been waiting for seven months for a decision on citizenship and her case officer told her to expect to wait as long as 36 months, despite being a simple case given that she had lived in Sweden lawfuly for five years, working throughout. 

“I knew of the request to conclude option and used it. They waited the full month before responding and rejecting it, as was expected. But the next day also assigned me a case officer and asked for my passport,” she remembers. “I believe they did this so I wouldn’t appeal their rejection and get the courts support for them to hurry up and process it.” 

Two months later, her citizenship was approved. 

An Indian man said he had used the mechanism no fewer than three times, firstly when extending a work permit, then when applying for permanent residency for a dependent, and thirdly, when applying for citizenship.

In the first case, he said, the request had been accepted on a first attempt and his work permit extension — for which he had been waiting for more than a year — was granted 28 days later.

The second request, which he made after discovering his dependent had no case officer after seven months, was rejected. They appealed, the court ruled in their favour and their case officer gave a positive decision a month later. 

Finally, in the citizenship case, the court ruled in his favour after the request was rejected, but 40 days later he is still waiting for a decision on the initial application.

Does sending in a request increase your chance of having an application rejected? 

Anecdotally, it doesn’t appear to. 

“It was a concern, yes,” the first British woman said, saying she had been told that sending in the form was “no reason to reject my application.” 

“But this is Sweden and in my opinion, even simple or clear-cut things can be a gamble,” she added. 

How does the mechanism affect handling times overall? 

While the request-to-conclude mechanism might help applicants in individual cases, the Migration Agency complains that it has been making the problem of long processing times worse by creating an addition set of processes case officers need to handle, and also by affecting the agency’s ability to prioritise. 

“The fact that many individuals request that their cases be decided is taking up a lot of resources and leading to processing times generally becoming longer, not least as many delay cases are appealed to the court,” Mikael Ribbenvik, the Migration Agency’s former Director General said when asking for the agency to be exempted from the system in April 2023. 

SHOW COMMENTS